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HomeMy WebLinkAboutRES 06.12.1972 - San Gabriel Heights Sect 2 WHEREAS, San Gabriel Land and Development Company of Austin, Travis County, Texas has made application to Plat and dedicate a subdivision known as "San Gabriel Heights Section Two" in Williamson County, Texas; and, WHEREAS, it appearing to the City Council of the City of Georgetown, Texas that said San Gabriel Land and Development Co. is the owner of all land located within said subdivision as platted and that the aforesaid Plat and Dedication is in all things proper: 11111L.'FORE, BE IT RESOLVED by the City Council of the City of Georgetown, Texas, that the Mayor of the City of Georgetown is hereby authorized to execute sa'd Plat and Dedication of the San Gabriel Heights Section Two Subdivision. PASSED BY THE COUNCIL AND APPROVE MAYOR this the 12 1 day of June, A.D. 1972. / ATTE'S T : 4:: _._1eo Claud Eads, bity Sec tary JpjOCK. Crawford, Mayor 282 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That I, the undersigned, Secretary of the records of the City Council of the City of 4eorgetown, Texas, do hereby certify that the above resolution was passed by the City Council of said City at a regularly scheduled meeting on the 12th day of June, 1972, and that said resolution is duly recorded in the minutes of said meeting, and that such resolution has not been repealed, but is in full force and effect, and that such resolution was duly made, seconded and passed by unanimous vote. Cf and Eads THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT OR LEASE Made this 12th day of June, A.D. 1972, by and between the City of Georgetown, herein referred to as "LESSOR", and Robert E. Dean (D/B/A Dean Associates), herein referred to as "Lessee", WITNESSETH, That said Lessor does by these presents lease and Demise unto the said Lessee the following property, to -wit: Lying and being situated in the City of Georgetown and County of Williamson, State of Texas being described as follows: DEING 2.426 acres in the Nicholas Porter Survey, Abstract No. 497 in Williamson County, Texas, and being a part of the San Gabriel Park of the City of Georgetown, Williamson County, Texas. BEGINNING at an iron pin set at a point near the most southerly entrance to the park, said point being where the North margin of a paved park road inter- sects the East margin of another park road; said beginning point is also located N 500231E, 55.49 feet from a 36 inch Live Oak Tree near the park entrance, and an inside corner of the Roy F. Thomas property bears S79054% 273.77 feet from this point; THENCE with the north margin of the paved park road as follows: N 86020% 109.90 feet to an iron pin; N 690431E, 114.13 feet to a nail set in a 28 inch Live Oak tree; N49022% 79.86 feet to an iron pin for the most easterly corner hereof; THENCE leaving the said North margin of the paved park road and following the South margin of a narrow dirt road thru said park as follows: N 2046'W, 111.25 feet to set a nail in a 12 inch Live Oak tree; N 280561W, 67.00 feet to set a nail in a 36 inch triple Live Oak tree; N 45021'W, 228.75 feet to an iron pin set at the most northerly corner hereof, said point also being on the East margin of another paved park road; THENCE with the said Last margin of the paved park road as follows: S 200261W, 266.25 feet to an iron pin; S 190431W, 212.71 feet to an iron pin; S 340341W, 69.69 feet to the PLACE OF BEGINNING. STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON I, Russell D. Parker, do hereby certify that I did survey on the ground the above described tract of land and that to the best of my knowledge and belief, said description is true and correct. WITNESS MY HAND AND SEAL on this the 10th day of July, 1972. Russell D. Parker, Registered Surveyor No. 1661 223 The term of this lease is ten (10) years beginning the 12th day of June, A.D. 1972, and ending the 12th day of June, A.D. 1982, to be occupied as a miniature golf course with parking facilities and not otherwise, upon the terms, conditions and covenants as follows: 1) Lessee shall pay as consideration for this lease to Lessor at Georgetown, Texas, monthly and in advance fifteen (15%) percent of gross receipts. To this end Lessor shall provide at Lessee's expense the tickets to be sold by Lessee and Lessee shall pay eighty-five (85%) of the face value of such tickets. Admittance shall be gained by those owners of such tickets only. 2) Lessee shall, at his sole expense, construct on leased premises a miniature golf facility as shown on the attached plans. Construction shall commence within 45 days after this agreement is signed and shall be prosecuted to completion diligently. 3) Charaes for public use of this facility shall be in accordance with the attached schedule of fees and no increase in fees shall be made without prior written approval of Lessor. 4) Lessee shall in no way encumber the leased premises by pledge, note, mort- gage or otherwise except that is agreed by both parties that certain monies may be advanced by third parties having Lessee's interest as security. 5) Lessee shall hold Lessor harmless for any damage to person or property from any cause connected with the operation of such facility and Lessee shall furnish Lessor with evidence of liability insurance coverage in amounts of not less than V $50,000$100,000. Lessor shall be one of the insured. Such insurance shall be V maintained during the full term of said lease. 6) Lessee accepts the premises as suitable for the proposed use and shall hold Lessor harmless -for any defect therein. 7) Lessee shall have option to renew this agreement for a perigd of five years; said option shall be exercised by notification in -writing -to Lessor thirty 30) days prior to expiration of the ten year term. 8) At the end of fifteen (15) years period the property and improvements thereon shall revert to and become the property of Lessor. Lessee agrees to pay an additional sum of $10.00 monthly to Lessor as a damage and maintenance reserve. Lessor may use proceeds therefor to repair, maintain, clean, and restore said property during the term hereof and at the termination of the lease. Lessee agrees to maintain said area in good and sightly condition at all times and to keep said property in good condition. Lessee shall maintain order and reason- able quietness at all times. Lessees service shall be courteous and polite at all times and Lessee, his agents, employees and servants shall conduct their business in a good and business like manner. Should Lessee violate the terms hereof after receiving notification of such violation at least ten (10) days before, Lessor may forthwith concel this lease. Notice shall be deemed given to Lessee when same is deposited in U. S. Mail addressed to Lessee at the address at foot of this instrument. IN TESTIMONY WHERMF, the parties to this agreement have hereunto set their hands in duplicate, the day and year above written. LESSEE ADDRESS